WC-t 13, 1949
Hon. Y. E. Oates Opinion No. V-882
County Attornoj
yalker county Re: Compensationof the
~Buntsvllle.Texas ahsriff of Udkor
Qounty.
Dear sir:
Your requeet for an opinion is, in p8rt, 8rn
followa:
"1. If the Court ahould allow the twenty-
flV8 per cent incroa8e a8 provided for in
S.B. Ro. 92, would it in any way 8ffoct or
repeal the twenty-fiveper'oeat, already
allowed under S.B. Ho. 123, above.referI'ed
You will notion that under S,B. Bo
&n Seotion en: It.#rovide8 thit the ix+
orease would be twenty-fiveper cent of the
au111allowed imdsr the law for the fiscal
year of 1948; and, therefore,the Court de-
eiri8 to ~knowwhether or not Secti@ one of ,
S.B. Ro. 92 repeal8 S.B. 130.123, and whethor
the officers would be entitled to both ia-
crearer?
“2. Is your an8wer to question one rppllca-
ble,.*oSection t-0 of S.B. No. 92, with re-
ference to deputies, asslrt~ntsand olerke?
*
93.'Section threii0f'S.B.~Ho. 92 provide8
that those paid on salary basis, shall be
paid on twelve equal installments of not
less than the total emount Wider the law
of the flsctilyear of 1935, and not more
tha the leaXim= 8= allowed the OffiC8rr
under the laW existill& On Aujglst24, 1948,
tog&her 81th twenty-five per cent if the
Court feels authorizedto allow the twenty-
fiv8 per oent. You will notice that this
iricreasemay be allowed to officers who
were on a fee baaia laet year. I notice ,
that the total alilountallowed in.1935 la
'specifiedin Art. 3883 which provides the
, <-.
.
Hon. MO EL ~Oate8,page 2 (V-882)
base pay for the County officers it (2&00.-
00 per fpy-, and Art. 3891 provides 5n 8ub-
8tAllCe that On84hird Of the bXC888 fees
may be added to the #2;2icoO,OO,
Therefore
;E;x;eriff at that time was&lQwed~ #3,~-.
However under S.B. HO. l23,,the
Con&;ioner~e Court had authority to in-
crease the offloerr ralary (aherlff) .tw8n-
tj-five per cent. Th8refore in 194.8the
sheriff was entitled to the maximum fee
of $J750.00, and his fees for 194.8 aount-
ed to a little more than #3750.00. 5.8.
Bo, 123 Is an emendment to Art. 3891. .Art- ,:
1~108 3883 and 3891 provide the mailmum
fees for offioers end were lnaoted:ln 1933
b7 the &.h Legislature. Thor&ore I think
that the rlnlmum salary to.be paid t&,8her-
ifi 18 not lb88 thaa #375&o@ and if th8.
Conaalrsioner~rCourt desired, thq are a&h-
orleed to Increasethat raount 25$ or the
8~8 allowed under the law of th8 flro&
1948 which would make a total of
The COUrt d88ire8 an an8wer a8
' t0 theriniruaaZidIX~f888thatm8fbe
allowed the rheriff; a8 he will bo paid l
8a1al7 and not Seer.
‘4. A8 f COMtIW8'.ih.l&W thb 8heriff
&ould par the Se88 that he has earned and
collectedto the County lhasurer who till
place the a8me in what may be specified
Officer~8 Salti Fund,.' Should the rher-,
iff'e fdi8 not be 8uffi6ientto pay hi8
calarg monthly a8 it beoaor &Ie~,Out of
what fund wonld the ofiloera bo luth6ritad
to make tha defldlentp8yment to complete
%;TFonthly an+ annual 8alary of the Thor-
the 1940 *l%% ~%~~ ?I,' @%%t%~~?i~~
county officers In 1948 were &mpensated on a fee baals.
Themfore, the caapensatlonof the sheriff In 1948was
governed by the provisions of Articles 3883 and 3891,
V.C.S.) a8 amended by S.B. 123, Act6 of ti. 49thLegis-
lature. Under the above mentioned provi8lons the-iax-
m sompen8atlonof the sheriff of Ualker Countf tie
$3750 (~3ooO~.plam4750 incream allowed under Y.B. 1231,
_ .. n
Hon. Y. E. GAte8, page 3 (V-882)
Section 61 of Artlole XVI of t&e Conrrtltutlonof Texas
aa amended provide8 that It shall be mandatory upon the
Commissloners~Courts of~this State to oompenrate the
sh@riff, deputy mheriffe, constables,deputy conatable8,
county law enforcementofficer8 and prrcinot law enforce-
ment offlcera on a 8alary b&818 beginning January 1,19499.
Attorney General Opinion PO. V-748, According to the
Snots prerated, the Conmiisrioners1 Court of Walkor Coun-
ty hae placed the county officer8 (other than the County
Connai88ionsrsand ahoriff) ona fee b&818.
Section 1 of SOB. 92, Act8 of the Sl8t Legilk
lature, provlde8:
aSeotlon 1, The CO-i88 iOMr8 COW%
in each county of this State I8 hereby au-
thorized, when in their judgment the flnau-
cial condition of the county lud tbo needs
of the officer jurtify the inoreaae, to en-
trr an order lncrearingthe compensationof
the precinct, county 8nd district officera,
or either of thorn,in au additionalamount
not to exceed twenty-five (25%) per cent of
the sum allowed under the law-for the fia-
cal year of 1948, whether paid on fee or
salary basis; provided, however the m-bore
of the Coami88ionersCourt may not raise
the aalarles-ofany of such Commireioners
Court under the torm8 of thim Act without
ralring the s~alaryof the remaining ooun-
ty offlclal8 ln Uke proportion.w.
In construing the above quoted provlslons it
was held in Attorney General Opinion Ho. V-864 that the
Commiralonera~Court was luthorisod to Increase the com-
peneation of Its oounty offloials in an additional amount
not to exceed twenty five per cent of the amount allowed
underthe law (in the instant came, Articles 3883 gld
3891, V.C.S. as amended) for the fiscal year 1948. In
view of the foregoing, you are advised that the Comais-
(donors' Court of Walker County may allow an increase In
the compensation of the shePlff in an additionalamount
not to lxoeed $937.50 (25% of $3750). In other word8,
the increase &lowed under S.B, 92 ,I8an additional ln-
crease over aud above the increalre alloved in 1945 by
S.B. I23 of the 49th Leglelature.
Section 2 of 20. 92 provldee:
.’ ‘.
Hon. Y. E. Gate8, Page 4 (V-882)
*The Comi8sloner8 Court In eaeh eoua-
ty of-this State is hereby authorized,when
in their judgmentthe flnanolal condition of
the county and the needs of the deputies, a+
sietantrrand clerk8 of any district, oounty
or precinct officer justify the Inerea8e, to
enter an order increasingthe compansatlonof
any such deputy, 488frtant or clerk in 8n ad- .
dltlonal amount not to exceed thirty-flvo (35$z>
per oept of the sum allowed under the law for..,
the flical year of 1949."
Since Section 2 ooniaina 8ub#taI¶tiAllythe 8ame
language as Section 1, the a8m rule of law la applica-
ble to deput$ea, assistant8 and clerk8 a8 well as count7
md preoinct offloors,
Section 3 of S,B, 92 provides:
*All of 8wch offiaera who were paid on
a fea.brsis duriiagthe ffacal year of 1948,
and~who are now to be paid on a salary ba-
ala, ehall be paid an annual salary In twelve
(12) equal installment8of not le88 th8n the
total sum earned a8 oompensatiion by hU in
his official aapaolty for the fiscal fhr
of 1935, and not more than the maxfmrm 8m
allowed ruch officer under the lawo exi8t-
lng on Au&prt 1948, togethor with the
twenty-five (25% j par oent Increase allow-
ed by this Aot within the discretion of tha
ConmieslonerrCourt.'
Since the sheriff of Walker County in 1948 w&8
oompen8atedon a fee basis atidin 1949 has been compon-
8ated otia salary basis (SOCK 61 of Art. XVI, Const, of
Texan) the maximum and rlnimum ralary of the sheriff i8
rixod,by the provisions of Section 3 of S.B. 92, You
are theriforsadvired that the rherlff of Walker Coun-
ty is entitled to a 8alary of not lenr than the total
8um earned as conpensatlon hia in hie official capa-
"4 * You are further advlaed
city for the fiscal year 193
that the maximum compmmtlon Allowed under the law is
&,687.50 03750 POW $937050).
Since the Commiaaioners~ Court of Walker Coun-
ty has placed its county 8nd precinct officer8 (0-r
than county commlasioners,sheriff and constables) on a
"fee* bA8j.8,Walker County ie not governed by Section8
..
Eon. Y. E. Gate8, page 5 (V-882)
and 5 of Article 39126aud therefore does not have an
ftOfflcers~ Salary Fund." Seotion 61 of Article IV1 of
the Constitutionof Texal require8 the sheriff to pay
into the County Trearury 8ll fees earned by him. Since
Walker County ha8 no "Offioersf Salary Fund," the sal-
ary of the 8herlff rhould be paid out of the-general
fund.
SUMMARY
Senate Bill 92, Acts of the Slat Leg-
lslature, flxee the minimum 8alary for-the
eheriff of Walker Coupty at not leas than
the total sum earned a8 compensationby hL
In hi8 official capacity for the fiscal year
1935,and fixee his maximum salary at not
more than the maximum sum allowed him under
$;s~;;;~g=&qyt 24, 1948P~"P 25Ff.
The Increase allowed the county and
precinct offlcor8under the provisions of
Senate Bill 92, Acts of the slat Leglsla-
ture, is aa additional Increase over and
above the Increase allowed In 1945by the
rovisiona of Senate Bill 123, lots of the
9th Legislature.
fi
Section 61 of Article XVI of the con-
stitution of Texas requiresthe sheriff to
pay into the County Treasury all fees earn-
ed by him, aud alnce Walker County has no
"Offlcora'Salary Fund," ths salary of th8
sheriff should be paid out of the general
fund of the county.
Your8 very truly,
ATTORWEYGXERALOFTD3S
.
Untitled Texas Attorney General Opinion
Combined Opinion